On 26 April 2011, the Supreme Court handed down an interesting decision en banc declaring that a Judge who had confirmed the validity of a patent while sitting on a Court of Appeal is not prevented…
In countries where Judges are not trained in the technical field of the invention, they need experts to help them understand the factual aspects of the case. According to Spanish law, these experts…
On 23 February 2011 the Administrative Chamber of the "Audiencia Nacional" handed down an interesting judgment ordering the Administration to bear the damages caused by the erroneous price reduction…
The so-called "person skilled in the art" is a fictitious character in charge of, among other functions, assessing whether or not an invention is obvious with respect to the state of the art. For the…
On 2 March 2011 the Barcelona Court of Appeal handed down a judgment reversing a decision from Commercial Court n.4 of Barcelona, which rejected the patent owners' 'lis pendens' defence against a…
On 2 March 2011, the Court of Appeal of Barcelona (Section 15) handed down a judgment that has helped to clarify the scope of Article 125.2 of the Spanish Patent Act, which had been interpreted in…
On 2 March 2011 the Barcelona Court of Appeal handed down a judgment reversing a decision from Commercial Court number 4 of Barcelona, which had rejected a "lis pendens" defence pleaded by the owner…
On 13 December 2007, the last amendment of the European Patent convention ("EPC") came into force. Among other aspects, the amendment introduced a new paragraph (paragraph 3) in Article 138 of the…
According to article 66.2 of the Patent Act, as amended after the implementation of the Enforcement Directive (Directive 2004/48/EC), in order to claim damages the patentee may chose (i) the negative…
